K. Todd Butler

Publication Date


Document Type

Survey Article


This Article reviews federal appellate procedure developments in the Eleventh Circuit during the 2004 calendar yea. As is the case each year, perhaps the most important procedural matter the Eleventh Circuit Court of Appeals considered was its own federal subject matter jurisdiction and that of the district courts in the Eleventh Circuit. If a matter is within the subject matter jurisdiction of the federal courts, or the federal appellate jurisdiction of the Eleventh Circuit, then the final order rule, along with the exceptions to the final order rule, dominate the consideration of whether a decision is subject to review. The applicability of the final order rule and its exceptions is discussed in this Article, along with questions pertaining to the proper preservation of matters in the district court for appeal and the presentation of those matters on appeal. Furthermore, this Article addresses the court's decision in Four Seasons Hotels & Resorts, B.V v. Consorcio Barr S.A., which affords an opportunity to discuss some of the technical requirements for briefs filed in the Eleventh Circuit.